SARAFAT Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri B.D. Mandhyan, learned Senior Counsel assisted by Shri Satish Mandhyan, for the petitioners. Learned Standing Counsel appears for the State-respondent. Shri P.K. Singh, learned counsel appears for the other respondents. In the proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (the Act), (since repealed) in Case No. 240/ 4539, 26978 sq. mtrs. of land was proposed as surplus land in the hands of Late Shri Jumma son of Shri Lalji resident of Kanjari Sarai, Moradabad, under Section 8 (3) in the Draft Statement dated 27.6.1977. Late Shri Jumma filed objections on 29.7.1977 on which under Section 8 (4) the Competent Authority by his order dated 13.2.1978 declared, the przoposed area as surplus land in Village Majhola in Gata No. 750. A notification under Section 10 (1), and thereafter a notification under Section 10 (3) was published in the Official Gazette on 26.12.1978 and 22.9.1989 respectively. A directory notice was issued on 29.1.1980 under Section 10 (5) of the Act for handing over possession, in reference to which the Tehsildar, Moradabad took over the possession of the vacant land on 26.3.1980 in favour of the State Government.

(2.) On the request of Late Shri Jumma, an order was passed by the Competent Authority on 28.4.1986, under Section 45 of the Act to change the direction of the surplus land in the plot from east to west. The direction was consequently changed after which a notice was issued under Section 10 (5) of the Act, in pursuance to which the Tehsildar, Moradabad on 20.1.1987 took over possession of the land in favour of the State Government. The State Government was recorded as owner of the land in the revenue records.

(3.) Late Shri Jumma filed an Appeal No. 27 of 1988 in the Court of District Judge, against the orders rejecting his application dated 23.1.1986 and 25.3.1987, alleging that he had only half share in 16.22 acres in Khasra No. 750. The rest of the half share was owned by his brother Mangu. In the ceiling case only 1780.68 sq. mtrs. of land was left towards south, whereas the entire 2000 sq. mtr. land was to be released. He further stated in the application that he has not made any prayer to change the direction of the land nor appointed Shri Shailendra Singh, Advocate for giving applications for that purpose. He prayed for rejecting his application dated 28.4.1986 for change of direction of surplus land in his plot, and for leaving 2000 sq. mtrs. of land towards south. The applications dated 23.12.1986 and 25.3.1987 were rejected on 29.7.1988 on the ground that the proceedings under. Section 10 (5) were already concluded.